Myra Xenides- Arestis v. Turkey

4 XENIDES-ARESTIS v. TURKEY DECISION2. “Law as to Compensation for Immovable Properties Located withinthe Boundaries of the Turkish Republic of Northern Cyprus, whichare within the Scope of Article 159, paragraph (4) of theConstitution” (Law no. 49/2003)“The Republican Assembly of the Turkish Republic of Northern Cyprus enacts asfollows:Short title1. This Law may be cited as the Law as to Compensation for Immovable PropertiesLocated within the Boundaries of the Turkish Republic of Northern Cyprus, which arewithin the Scope of Article 159, paragraph (4) of the Constitution.Interpretation2. In this Law unless the context otherwise requires,“Ministry” means the Ministry Responsible for Housing Affairs.“Entitled person” means a person who has a legal claim in respect of immovableproperty coming within the scope of Article 159, paragraph (4) of the Constitution.“Commission” means a commission constituted under Article 11 of this Law.“Legal right” means the right to immovable property which is within the scope ofArticle 159, paragraph (4) of the Constitution.“Immovable property” means immovable property within the scope of Article 159,paragraph (4) of the Constitution.Purpose3. The purpose of this Law is to regulate the necessary procedure and conditions tobe complied with by persons to prove their legal rights which they claim in respect toimmovable properties within the scope of Article 159, paragraph (4) of theConstitution of the Turkish Republic of Northern Cyprus as well as the basis on whichcompensation shall be paid to such persons.Application4.(1) Natural and legal persons who claim legal rights to immovable propertiesspecified in this Law may bring a claim by way of an application, in person or througha legal representative, to the Immovable Property Determination, Evaluation andCompensation Commission constituted under the provisions of this Law, requestingcompensation for such property. Such an application must be made within a period ofone year from the entry into force of this Law. Applications made to the Commissionshall be subject to the Rules made under the Civil Procedure Law and,notwithstanding any other provision to the contrary in any law or legislative